(DRAFT) 3D Scanning & Print Sales User Agreement
This agreement is made between:
FormForge Studios (“The Producer”)
and
Artist/Sculptor: __________________________ (“The Sculptor”)
Date: ___________________
1. Purpose
The Sculptor wishes to provide original hand-sculpted miniatures or models for FormForge Studios to professionally 3D scan, prepare for production, manufacture, market and sell as physical prints.
2. Ownership
The Sculptor confirms they are the original creator of the sculptures supplied and have the legal right to enter this agreement.
The original physical sculpture always remains the property of the Sculptor unless otherwise agreed.
3. Scanning Rights
The Producer is granted the following rights:
☐ Exclusive worldwide rights to use the digital scan files for producing and selling physical prints.
OR
☐ Non-exclusive rights to use the digital scan files for producing and selling physical prints.
Term of agreement:
☐ Perpetual
☐ ______ years
Unless otherwise agreed in below; the Producer may not sell or distribute the raw digital scan/STL files.
☐ Yes
☐ No
4. No Obligation to Produce
The Producer is under no obligation to scan, manufacture or sell every sculpture submitted.
The Producer may decline any sculpture for any reason, including quality, printability or commercial viability.
5. Costs
The Producer is responsible for all costs associated with:
- 3D scanning
- Digital clean-up
- Print preparation
- Resin
- Electricity
- Equipment wear
- Printing
- Cleaning and finishing
- Packaging
- Marketing
- Shipping administration
The Sculptor is not charged any upfront scanning fees unless separately agreed upon.
6. Royaltiy Payments
The Sculptor will receive ____% of the Net Sale Price of each completed sale.
Net Sale Price means the sale price after:
- GST or sales tax
- Marketplace fees
- Payment processing fees
- Shipping charges (where charged separately)
Payments will be made:
☐ Monthly
☐ Quarterly
along with a simple sales summary.
No payment is due for cancelled orders, refunds or fraudulent transactions.
7. Shipping
The Producer will package and ship all customer orders.
Shipping costs are the responsibility of:
☐ Customer
☐ Included in retail pricing
8. Marketing
The Producer may photograph, advertise and promote the products using images of the sculptures.
The Sculptor will be credited where practical unless otherwise requested.
9. Quality Control
The Producer may resize, hollow, key, repair or otherwise modify the digital scan as required for successful printing, provided the artistic character of the sculpture is maintained.
10. Digital Files
Unless specifically agreed otherwise:
- The digital scan files remain under the control of the Producer.
- STL files will not be distributed or sold.
- The Sculptor will not receive the production-ready scan files.
If the original sculpture is supplied for scanning, if requested, it will be returned to the Sculptor in reasonable condition after scanning, unless otherwise agreed. Noting; all sculpts need to be prepared for scanning, in most cases, a non reflective white base coat with a very light spray of black dots for mapping reference points for software to create topography.
The Producer is not responsible for normal handling risks or pre-existing damage.
12. Ending the Agreement
Either party may terminate this agreement with 30 days written notice.
Termination does not affect outstanding royalty payments for sales already made.
If exclusive rights were granted in perpetuity, those rights survive termination unless both parties agree otherwise.
13. Independent Parties
Nothing in this agreement creates a partnership, employment relationship or joint venture unless specified and/or agreed upon.
14. Entire Agreement
This document represents the entire agreement between both parties unless amended in writing.
Signed:
Producer:
Name: _______________________
Signature: ___________________
Date: _______________________
Sculptor:
Name: _______________________
Signature: ___________________
Date: _______________________
